July 2, 2019

Lynn L. Bergeson, “EPA Prioritizes Chemicals for Risk Evaluation: Why This Matters,” Environmental Quality Management, Volume 28, Issue 4, Summer 2019.

The U.S. Environmental Protection Agency (EPA) released on March 20, 2019, a list of 40 chemicals for which EPA is initiating the prioritization process for risk evaluation. This article explains why the prioritization process is critically important for product manufacturers to monitor and manage, and how best to do so.
June 28, 2019

Zameer Qureshi, “EU REACH: how’s life after the Registration deadlines?,” Elements, the Magazine of Chemicals Northwest,, Spring 2019.

The registration deadlines for pre-registered “phase-in” chemical substances under the European Union’s (EU) Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation presented for the chemicals industry a wide range of demanding tasks requiring substantial expertise from scientists, consultants, lawyers, and others. The transitional phase of REACH ended on 31 May 2018, and companies of all shapes and sizes are now engaged in a wide range of ongoing compliance...
June 28, 2019

“TSCA: Three Years Later” Conference Looks to the Past and into the Future

On June 24, 2019, Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health (GWU) presented “TSCA: Three Years Later,” a day-long conference with leading experts exploring the current impacts of the Toxic Substances Control Act (TSCA) on science policies, challenges faced by industry, and the impacts of TSCA on regulatory policies, especially those concerning...
June 27, 2019

China Accepting Nominations of Existing Chemical Substances to Existing Chemical Inventory

On June 21, 2019, the Ministry of Ecology and Environment (MEE, formerly the Ministry of Environmental Protection (MEP)) issued a notice on supplementing and improving the Inventory of Existing Chemical Substances in China (IECSC). Per the notice, chemical substances that were legally produced or imported in China before October 15, 2003, but that are not on the IECSC, except for the substance categories exempted from the “Environmental Management of New Chemical Substances” (MEP Order No....
June 24, 2019

EPA Publishes Proposed PBT Chemicals Rule under TSCA

The U.S. Environmental Protection Agency released on June 21, 2019, a proposed rule intended to reduce exposures to certain chemicals that are persistent, bioaccumulative, and toxic (PBT). EPA identified five chemicals pursuant to Section 6(h) of the Toxic Substances Control Act (TSCA): decabromodiphenyl ether (DecaBDE); phenol, isopropylated phosphate (3:1) (PIP (3:1)), also known as tris(4-isopropylphenyl) phosphate; 2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP);...
June 24, 2019

TSCA: Three Years Later, Monday, June 24, 2019, 9:00 a.m. – 4:30 p.m. EDT, Milken Institute School of Public Health, Washington, D.C.

The Environmental Law Institute (ELI), the George Washington University Milken Institute School of Public Health, and Bergeson & Campbell, P.C. (B&C®) held a one-day conference providing updates and insights regarding year three of the federal government’s implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act that amended the Toxic Substances Control Act (TSCA) on June 22, 2016.  Speakers provided an overview of the current...
June 20, 2019

EC Begins Public Consultation on Fitness Check Roadmap on Endocrine Disruptors

The European Commission (EC) began a public consultation on June 12, 2019, on the Fitness Check Roadmap on Endocrine Disruptors. According to the EC, the Fitness Check will contribute to the assessment of whether chemicals legislation in the European Union (EU) delivers its objective to protect human health and the environment by minimizing the overall exposure to endocrine disruptors. The Fitness Check will include an analysis of how different provisions in the broad spectrum of EC...
June 20, 2019

Environmental Compliance and Enforcement with Environmental Integrity Projects’ Eric Schaeffer

This week, I sat down with a highly-regarded member of the environmental NGO community, Eric Schaeffer, who currently serves as the Executive Director of the Environmental Integrity Project, which he co-founded in 2002. Previously, Eric worked for more than a decade at EPA, including a five-year stint as the Director of EPA’s Office of Civil Enforcement, which, as you will hear in our conversation, was a very formative time for his thinking. At a time when some news outlets and EPA detractors...
June 20, 2019

Environmental Compliance and Enforcement with Environmental Integrity Projects’ Eric Schaeffer

This week, I sat down with a highly-regarded member of the environmental NGO community, Eric Schaeffer, who currently serves as the Executive Director of the Environmental Integrity Project, which he co-founded in 2002. Previously, Eric worked for more than a decade at EPA, including a five-year stint as the Director of EPA’s Office of Civil Enforcement, which, as you will hear in our conversation, was a very formative time for his thinking. At a time when some news outlets and EPA...
June 19, 2019

Lynn L. Bergeson, “Protecting Confidential Business Information: An Evolving Challenge,” International Chemical Regulatory and Law Review, Volume 2, Issue 2, Summer 2019.

The concept of confidential business information (CBI) is sometimes considered at odds with the concept of the ‘right-to-know.’ When Congress amended the Toxic Substances Control Act (TSCA) in 2016 through enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg), it was mindful of the public’s growing interest in knowing more about the identity of chemicals to which they may be exposed, but equally mindful of a business’ legitimate interest in protecting...